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What the woman is burdened with, must be proportionate with the inherent dispositions (tabee'ah), making it something which complete their nature. For example, since the virgin woman is inherently disposed to modesty, and is shy about requesting marriage or agreeing to it, it was part of the Divine Wisdom that when marriage is proposed to her, the silence being equivalent to her verbal assent. Thus, the Hadith states: "The virgin is to be asked for agreement regarding herself (for marriage), and her agreement is her silence."

This is because her courage in rejection is strong, while her courage in assent is hesitant. Even though the reality of intellectual perception (of the matter) is present in the woman, the inherent psychological disposition (tabee'ah) prevents the intellect from explicit articulation. Therefore, the burden was spaced (to include her silence) because the default psychological disposition is reserved, thereby compensating for the deficiency in it. This is a manifestation of the precision of the legislation.

Consequently, it was not appropriate to place women in positions of severity, strength, conflict, and disputes. This is not due to intellectual weakness, but rather due to the psychological disposition that influences the intellect, preventing it from responding to every truth it perceives, because (predominantly) her nafs (the soul which runs in emotions) is dominant (over intellect)

Therefore, it is unconceivable for a woman to be an enforcer of Hudud (prescribed punishments) and an executor of penalties, even if her intellect comprehends the public interests served by them, and even if her physical strength were equal to or greater than a man's.

This is because the consideration is not based on the body, nor merely on the presence of the intellectual strength, but also on the psychological disposition (the tabee'ah) which prevents the body and the intellect from exerting their full capability.

If the establishment of Hudud and the execution of penalties were entrusted to her, these duties would become paralyzed in the state. The reason for this is the unsuitability of such obligations to her inherent dispositions.
Likewise when a woman is required to have a guardian (wali) for marriage, it is not due to a deficiency in her intellect preventing her from grasping the apparent form of offer (ijab) and acceptance (qabul). Rather, it is because of inherent inner dispositions in her soul that influence her outward actions, namely modesty, delicacy, and softness when negotiating with a prospective husband whom she desires and who desires her. Her self is weakened by these dispositions.

For this reason, a wali is not conditioned in the case of her refusal to a marriage to a man she does not desire. However, a wali is required while ratifying the offer (marriage), where (the groom utters) the acceptance, and conditions (are dictated.)

This requirement is not a deficiency in the foundational perception of the intellect in general, for the intellect that refused is the same intellect that accepted!

However, the psychological disposition (nafs) in the two situations is not the same: the nafs is balanced during refusal, but during acceptance, it is affected by weakness due to modesty and emotional inclination.
For this same reason, a woman is valid in disposing of her own wealth; she can buy and sell whatever property she wishes, even if it is wealth comparable to that of Qarun. This is because her self (nafs) during buying and selling is balanced and does not influence the intellect. She is also generally frugal regarding money, lacking the emotional sacrifice or symbolic effect present in transactions like marriage.

Marriage is, in truth, an emotional transaction, not a financial one, and the potential for emotional exploitation in it is difficult to quantify, so it must be protected, not disregarded.

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